Browse Arkansas Code titles and sections
42 U.S.C. § 4651 — Uniform policy on real property acquisition practices
Federal law — U.S. Code and appendices · legal_authorities
In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal programs, and to promote public confidence in Federal land acquisition practices, heads of Federal agencies shall, to the greatest extent practicable, be guided by the following policies:
(1) The head of a Federal agency shall make every reasonable effort to acquire expeditiously real property by negotiation.
(2) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property, except that the head of the lead agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value.
(3) Before the initiation of negotiations for real property, the head of the Federal agency concerned shall establish an amount which he believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the agency’s approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The head of the Federal agency concerned shall provide the owner of real
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4651
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: c44a542f1a853e37cd41c14ca7532c18ec9da39b13e8993ea33fde5cb6ccf483. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_d6358200e8410f92478efada
Source file: Laws/federal/codes/united-states-code/title-42/section-4651-uniform-policy-on-real-property-acquisition-practices--00e7c51ceb.md
Pages: Not recorded – Not recorded
Passage SHA-256: 5b63cfa218859532849af1d22a0f7439c26eddfbc77cf9268263b176ae68a760
Source location: Title 42, Chapter 61, § 4651; chapter-061-uniform-relocation-assistance-and-real-property-acquisition-policies-for-federal-and-federally-assisted-programs.md
Stored source content
In order to encourage and expedite the acquisition of real property by agreements with owners, to avoid litigation and relieve congestion in the courts, to assure consistent treatment for owners in the many Federal programs, and to promote public confidence in Federal land acquisition practices, heads of Federal agencies shall, to the greatest extent practicable, be guided by the following policies:
(1) The head of a Federal agency shall make every reasonable effort to acquire expeditiously real property by negotiation.
(2) Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property, except that the head of the lead agency may prescribe a procedure to waive the appraisal in cases involving the acquisition by sale or donation of property with a low fair market value.
(3) Before the initiation of negotiations for real property, the head of the Federal agency concerned shall establish an amount which he believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the agency’s approved appraisal of the fair market value of such property. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, will be disregarded in determining the compensation for the property. The head of the Federal agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount he established as just compensation. Where appropriate the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.
(4) No owner shall be required to surrender possession of real property before the head of the Federal agency concerned pays the agreed purchase price, or deposits with the court in accordance with section 3114(a) to (d) of title 40, for the benefit of the owner, an amount not less than the agency’s approved appraisal of the fair market value of such property, or the amount of the award of compensation in the condemnation proceeding for such property.
(5) The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling (assuming a replacement dwelling as required by subchapter II will be available), or to move his business or farm operation, without at least ninety days’ written notice from the head of the Federal agency concerned, of the date by which such move is required.
(6) If the head of a Federal agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term or for a period subject to termination by the Government on short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.
(7) In no event shall the head of a Federal agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property.
(8) If any interest in real property is to be acquired by exercise of the power of eminent domain, the head of the Federal agency concerned shall institute formal condemnation proceedings. No Federal agency head shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.
(9) If the acquisition of only a portion of a property would leave the owner with an uneconomic remnant, the head of the Federal agency concerned shall offer to acquire that remnant. For the purposes of this chapter, an uneconomic remnant is a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner’s property and which the head of the Federal agency concerned has determined has little or no value or utility to the owner.
(10) A person whose real property is being acquired in accordance with this subchapter may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, and part thereof, any interest therein, or any compensation paid therefor to a Federal agency, as such person shall determine.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General provisions** The head of the lead agency shall—
(1) develop, publish, and issue, with the active participation of the Secretary of Housing and Urban Development and the heads of other Federal agencies responsible for funding relocation and acquisition actions, and in coordination with State and local governments, such regulations as may be necessary to carry out this chapter;
(2) provide, in consultation with the Attorney General (acting through the Commissioner of the Immigration and Naturalization Service), through training and technical assistance activities for displacing agencies, information developed with the Attorney General (acting through the Commissioner) on proper implementation of [section 4605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4605&num=0&edition=prelim);
(3) ensure that displacing agencies implement [section 4605 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4605&num=0&edition=prelim) fairly and without discrimination in accordance with [section 4605(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4605/b/2/B&num=0&edition=prelim);
(4) ensure that relocation assistance activities under this chapter are coordinated with low-income housing assistance programs or projects by a Federal agency or a State or State agency with Federal financial assistance;
(5) monitor, in coordination with other Federal agencies, the implementation and enforcement of this chapter and report to the Congress, as appropriate, on any major issues or problems with respect to any policy or other provision of this chapter; and
(6) perform such other duties as may be necessary to carry out this chapter.
**(b) Regulat
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4633
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each State shall certify to the Secretary before January 1 of each year that it is enforcing all State laws respecting maximum vehicle size and weights permitted on the Federal-aid primary system, the Federal-aid urban system, and the Federal-aid secondary system, including the Interstate System in accordance with [section 127 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section127&num=0&edition=prelim). Each State shall also certify that it is enforcing and complying with the provisions of [section 127(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section127/d&num=0&edition=prelim) and [section 31112 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section31112&num=0&edition=prelim).
**(b)**
(1) Each State shall submit to the Secretary such information as the Secretary shall, by regulation, require as necessary, in his opinion, to verify the certification of such State under subsection (b) of this section.
(2) If a State fails to certify as required by subsection (b) of this section or if the Secretary determines that a State is not adequately enforcing all State laws respecting such maximum vehicle size and weights, notwithstanding such a certification, then Federal-aid highway funds apportioned to such State for such fiscal year shall be reduced by amounts equal to 7 percent of the amount which would otherwise be apportioned to such State under paragraphs (1) through (6) of section 104(b).
(3) If within one year from the date that the apportionment for any State is reduced in accordance with paragraph (2) of this subsection the Secretary determines that such State is enforcing all State laws respecting maximum size and weights, the apportionmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 141
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) The term “Federal agency” means any department, agency, or instrumentality in the executive branch of the Government, any wholly owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law.
(2) The term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof.
(3) The term “State agency” means any department, agency, or instrumentality of a State or of a political subdivision of a State, any department, agency, or instrumentality of 2 or more States or of 2 or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law.
(4) The term “Federal financial assistance” means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the District of Columbia.
(5) The term “person” means any individual, partnership, corporation, or association.
(6)
(A) The term “displaced person” means, except as provided in subparagraph (B)—
(i) any person who moves from real property, or moves his personal property from real property—
(I) as a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4601
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 86–645, title III, § 301, July 14, 1960, 74 Stat. 502, declared the policy of Congress with respect to payment of just and reasonable consideration to owners and tenants whose property is acquired for public works projects and payment of a purchase price in negotiation for such property which will consider such congressional policy. See provisions of Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, classified to chapter 61 (§ 4601 et seq.) of Title 42, The Public Health and Welfare.
#### Effective Date of Repeal
Repeal not applicable to any State so long as sections 4630 and 4655 of title 42 are not applicable in such State; but such sections completely applicable to all States after July 1, 1972, but until such date applicable to a State to extent the State is able under its laws to comply with such sections, see section 221 of Pub. L. 91–646, set out as an Effective Date note under [section 4601 of Title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4601&num=0&edition=prelim), The Public Health and Welfare.
#### Savings Provision
Any rights or liabilities existing under provisions repealed by section 306 of Pub. L. 91–646 as not affected by such repeal, see section 306 of Pub. L. 91–646, set out in part as a Savings Provision note under [section 4651 of Title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4651&num=0&edition=prelim), The Public Health and Welfare.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 596
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements Authorized.—** The Secretary of Defense or the Secretary of a military department may enter into an agreement with an eligible entity or entities described in subsection (b) to address the use or development of real property in the vicinity of, or ecologically related to, a military installation, as well as a State-owned National Guard installation, or military airspace for purposes of—
(1) limiting any development or use of the property that would be incompatible with the mission of the installation;
(2) preserving habitat on the property in a manner that—
(A) is compatible with environmental requirements; and
(B) may eliminate or relieve current or anticipated environmental restrictions that would or might otherwise restrict, impede, or otherwise interfere, whether directly or indirectly, with current or anticipated military training, testing, or operations on the installation;
(3) maintaining or improving military installation resilience; or
(4) protecting Clear Zone Areas from use or encroachment that is incompatible with the mission of the installation.
**(b) Eligible Entities.—** For purposes of this section, an eligible entity is any of the following:
(1) A State or political subdivision of a State.
(2) A private entity that has as its stated principal organizational purpose or goal the conservation, restoration, or preservation of land and natural resources, or a similar purpose or goal, as determined by the Secretary concerned.
**(c) Authority to Coordinate.—**
(1) In entering into an agreement under subsection (a) or undertaking a project under such agreement, the Secretary of Defense or the Secretary of a military department, as the case may be, may coordinate with any other covered official with an interest in the activities p
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2684a
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** In order to assure the preservation, conservation, and protection of the natural, scenic, hydrologic, floral and faunal, and recreational values of the Big Cypress Watershed in the State of Florida and to provide for the enhancement and public enjoyment thereof, the Big Cypress National Preserve is hereby established.
**(b) Location; boundaries; publication in Federal Register; area** The Big Cypress National Preserve (hereafter referred to as the “preserve”) shall comprise the area generally depicted on the map entitled “Big Cypress National Preserve”, dated November 1971 and numbered BC–91,001, which shall be on file and available for public inspection in the Offices of the National Park Service, Department of the Interior, Washington, District of Columbia, and shall be filed with appropriate offices of Collier, Monroe, and Dade Counties in the State of Florida. The Secretary of the Interior (hereafter referred to as the “Secretary”) shall, as soon as practicable, publish a detailed description of the boundaries of the preserve in the Federal Register which shall include not more than five hundred and seventy thousand acres of land and water.
**(c) Methods of acquisition of land; prerequisites to Federal appropriations; improved property; oil and gas rights; appraisal of property; transfer of Federal property to Secretary** The Secretary is authorized to acquire by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange, any lands, waters, or interests therein which are located within the boundaries of the preserve or the Addition: Provided, That any lands owned or acquired by the State of Florida, or any of its subdivisions, in the preserve may be acquired by donation only and, any land acquir
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 698f
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The provisions of [section 4651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4651&num=0&edition=prelim) create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.
**(b)** Nothing in this chapter shall be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately prior to January 2, 1971.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4602
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Whenever real property is acquired by the government of the District of Columbia or the Washington Metropolitan Area Transit Authority for a program or project which is not subject to sections 4630 and 4631 of this title, and such acquisition will result in the displacement of any person on or after January 2, 1971, the Mayor of the District of Columbia or the Washington Metropolitan Area Transit Authority, as the case may be, shall make all relocation payments and provide all assistance required of a Federal agency by this chapter. Whenever real property is acquired for such a program or project on or after such effective date, such Mayor or Authority, as the case may be, shall make all payments and meet all requirements prescribed for a Federal agency by subchapter III of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4629
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding any other law, the head of a Federal agency shall not approve any program or project or any grant to, or contract or agreement with, an acquiring agency under which Federal financial assistance will be available to pay all or part of the cost of any program or project which will result in the acquisition of real property on and after January 2, 1971, unless he receives satisfactory assurances from such acquiring agency that—
(1) in acquiring real property it will be guided, to the greatest extent practicable under State law, by the land acquisition policies in [section 4651 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4651&num=0&edition=prelim) and the provisions of [section 4652 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4652&num=0&edition=prelim), and
(2) property owners will be paid or reimbursed for necessary expenses as specified in sections 4653 and 4654 of this title.
**(b)** For purposes of this section, the term “acquiring agency” means—
(1) a State agency (as defined in [section 4601(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4601/3&num=0&edition=prelim)) which has the authority to acquire property by eminent domain under State law, and
(2) a State agency or person which does not have such authority, to the extent provided by the head of the lead agency by regulation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4655
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 6210
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 4637
son for assistance under the Social Security Act
[42 U.S.C. 301 et seq.] or any other Federal law
(except for any Federal law providing low-in-
come housing assistance).
(Pub. L. 91–646, title II, § 216, Jan. 2, 1971, 84 Stat.
1902; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat.
2095; Pub. L. 100–17, title IV, § 413, Apr. 2, 1987, 101
Stat. 255.)
Editorial Notes
REFERENCES IN TEXT
The Social Security Act, referred to in text, is act
Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified
generally to chapter 7 (§ 301 et seq.) of this title. For
complete classification of this Act to the Code, see sec-
tion 1305 of this title and Tables.
AMENDMENTS
1987—Pub. L. 100–17 inserted ‘‘(except for any Federal
law providing low-income housing assistance)’’ before
period at end.
1986—Pub. L. 99–514 substituted ‘‘Internal Revenue
Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’,
which for purposes of codification was translated as
‘‘title 26’’ thus requiring no change in text.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1987 AMENDMENT
Amendment by Pub. L. 100–17 effective on effective
date provided in regulations promulgated under section
4633 of this title (as amended by section 412 of Pub. L.
100–17), but not later than 2 years after Apr. 2, 1987, see
section 418 of Pub. L. 100–17, set out as a note under sec-
tion 4601 of this title.
§ 4637. Repealed. Pub. L. 100–17, title IV, § 415,
Apr. 2, 1987, 101 Stat. 255
Section, Pub. L. 91–646, title II, § 217, Jan. 2, 1971, 84
Stat. 1902, related to displacement by code enforce-
ment, rehabilitation, and demolition programs receiv-
ing Federal assistance.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effe
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4651
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.